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200501885 Subject Property shall have passed by foreclosure sale under this Deed of Trust and the period of redemption, if any, shall have expired. (d) Waivers. Grantor expressly waives and releases all rights of exemption of some of the Subject Property or proceeds thereof from attachment, levy or sale on execution, all rights or appraisement or valuation, and all benefits of any homestead exemption. 6.3 [Intentionally Deleted] 6.4 APPLICATION OF OTHER SUMS. Except as set forth in that certain Section 6.2(a) above, all sums received by Beneficiary under that certain Section entitled Rights and Remedies or that certain Section entitled Grant of License, less all costs and expenses incurred by Beneficiary or any receiver under either of said Sections, including, without limitation, attorneys' fees, shall be applied in payment of the Secured Obligations in such order as Beneficiary shall determine in its sole discretion; provided, however, Beneficiary shall have no liability for funds not actually received by Beneficiary. 6.5 NO CURE OR WAIVER. Neither Beneficiary's nor Trustee's nor any receiver's entry upon and taking possession of all or any part of the Subject Property and Collateral, nor any collection of rents, issues, profits, insurance proceeds, condemnation proceeds or damages, other security or proceeds of other security, or other sums, nor the application of any collected sum to any Secured Obligations, nor the exercise or failure to exercise of any other right or remedy by Beneficiary or Trustee or any receiver shall cure or waive any breach, Default or notice of default under this Deed of Trust, or nullify the effect of any notice of default or sale (unless all Secured Obligations then due have been paid and performed and Grantor has cured all other defaults), or limit or impair the Secured Obligations or Grantor's liability therefor, impair the status of the security, or prejudice Beneficiary or Trustee in the exercise of any right or remedy, or be construed as an affirmation by Beneficiary of any tenancy, lease or option or a subordination of the lien of or security interest created by this Deed of Trust. 6.6 PAYMENT OF COSTS, EXPENSES AND ATTORNEYS' FEES. Grantor agrees to pay to Beneficiary immediately and without demand all costs and expenses of any kind incurred by Beneficiary pursuant to Section 6.2 (including, without limitation, Trustee fees and expenses, court costs and attorneys' fees, whether incurred in litigation or not, and appraisal fees) with interest from the date of expenditure until said sums have been paid at the rate of interest then applicable to the principal balance of the Note as specified therein. 6.7 POWER TO FILE NOTICES AND CURE DEFAULTS. Following the occurrence of a Default, Grantor hereby irrevocably appoints Beneficiary and its successors and assigns, as its attorney -in -fact, which agency is coupled with an interest, (a) to execute and /or record any notices of completion, cessation of labor, or any other notices that Beneficiary deems appropriate to protect Beneficiary's 20 #1060655 v4